QUESTION

Is there any way of getting my money back because of signing a new contract?

Asked on Apr 09th, 2021 on Breach of Contract - South Carolina
More details to this question:
My daughter signed a contract for a wedding venue that I found out does not refund money if you have to cancel. I wanted the money back but hebsaid no but would reschedule. I did that just in case things change but they now want me to sign a new contract for the new date.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
There is a possibility that the no-refund provision of the conract would be considered an unenforceable penalty by a court, but it is not by any means a slam dunk.  Also, although you may have a short period of time to cancel, it doesn't sound as if you do so.  In general, unless a conrtact expressly provides for it,  you don't have a right to cancel a contract; that would be a breach and, even if the venue couldnt' keep all of your deposit, you would be responsible for any damages it suffered because of the breach, for example if it could only book a smaller event for that date.
Answered on Apr 09th, 2021 at 11:25 AM

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